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Jackyshwe

Insurance company doesn't want to pay full although I have proofs

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Hi, 

While my car has been going north straight on the main street, other car ftom the side street failed to yield turning left and proceed to intersection, and causing a collision with my car. Although I tried to brake and honks, my car has been hit and my car's front has been damaged badly. No personal injury.  I have the police report too, the other car was issued a citation.

Even the other party admits that it is his fault, but the claimant adjustor doesn't want to pay full. They decided that I didint make effort to stop car coz i am in 3rd lane and I should see other car coming . Final decision is they can pay 80 coz of my comparative negligence.

 

I dont know whether lucky or unlucky that we both have same insurance company. My claim agent even teamed up with claimant adjustor and told me that it is part of my fault too.

 

After they made decision, I am able to retrieve the nearby surveillance video clip from accident site, it is showing that my car was trying to slow down while the other car was coming, then my car almost stops and other car cannot stip and hits me. I have only liability coverage only.

 

So, my question is that I should show them the clip and negotiate? OR go to claims court directly? I dont want the insurance fees go up coz it is not my fault. My car is stranded in tow car lot too. Pls give some suggestion.Thanks, I am from illinois.

Edited by Jackyshwe
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If you have property damage only, sue in Small Claims for the cost to repair your car, storage fees and loss of use (rental value during the period car is unavailable).  Bring photos of damage, receipts/estimates, and video.  Check the Small Claims limit in Illinois to make sure you can recover all your damages in that venue.

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Thanks for suggestions, I don't know how to get my estimate for my car, my car has been towed to nearby collision shop. So, should I proceed to get estimate from that collision shop or should I ask my auto insurance agent to get estimated? Do I a need a lawyer to sue in Small Claims Court?

 

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Regardless of fault, it is your duty to mitigate or reduce your damages.  So you should definitely have your car repaired or at least remove it from storage.  You may be entitled to reasonable reimbursement for some storage and some rental car expense but you can't simply let the bill run up and expect to get paid for it.

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I am thinking of towing my car back to garage and keep it till the court resolve the case. 

Toatlly upset about their decision bcoz the other party already admit and i was making effort to stop, and it was not my fault too.

They are going to give bad image about my driving history. 

 

Normally how judges decide if i am in 3rd lane and the other car is making a left turn in front of me from side street although i tried to slow down?

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I'm a little late to this party so let me explain something to you.

 

Actually you don't have the same insurance carrier. The insurance carrier for the other driver might have the same name as your insurance carrier but they are decidedly different. The insurance company that writes your policy has a contractual obligation to provide you with the coverage stated in the policy. The insurance company that writes the other driver's policy has a contractual obligation to the other driver to defend him against your claim or pay if he/she is liable. That company is not your insurance company and owes you nothing unless a court of law says how much. Until then it's all a matter of negotiation.

 

 

Since you appear to have an exculpatory video I suggest you immediately provide it to both claim reps and insist on finding the other driver completely at fault or your next step will be a lawsuit against the other driver.

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Hi adjusterjack, appteciate ur suggesion. The current situation is the other driver admits the fault. But the insurance company doesn't want to pay full. 

My claim agent is not moving in this case too. 

 

I am waiting for the clip to be released from that company, that company has already shown me the clip. 

After I get the clip, I will surrely talk to them and let the claim agents review the case.

During meantime, asking suggestion how to proceed the claim since my car is stranded in tow car lot.

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Again, with regard to your TWO insurance companies, your "first party" claim rep has no obligation to represent you in your claim against the other driver, so don't expect him to.

 

Normally, if you had accepted the offer from the other driver's insurance company (the one that is not your insurance company), that company would have paid the storage lot and moved the car to the repair shop or, if a total loss, would have paid you the amount you accepted.

 

At some point that insurance company will deny any further storage charges so you need to either get your car towed back to your home (at your expense) or get it towed to a body shop of your choice, but getting a written agreement from that shop that you won't be charged storage while the claim is pending.

 

Your other option is to refuse the offer from the other driver's insurance company and, if you have collision coverage, insist that the claim be covered entirely under your own policy. If your "first party" claim rep decides to attribute some fault to you, then you'll just have to live with the surcharge.

 

Yet another option is to take your car home and sue the other driver for the repair cost or the Actual Cash Value of the car, whichever is less, plus your expenses and if you get a judgment that the other driver is 100% at fault, his insurance company will have no choice but to pay the 100%.

 

 

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On 3/10/2017 at 7:34 PM, Jackyshwe said:

should show them the clip and negotiate?

 

I can't conceive of any reason why you wouldn't provide relevant evidence.

 

 

On 3/10/2017 at 7:34 PM, Jackyshwe said:

I dont want the insurance fees go up coz it is not my fault.

 

That's not likely even if the insurer sticks with the 80/20 fault determination.

 

 

On 3/10/2017 at 7:34 PM, Jackyshwe said:

My car is stranded in tow car lot too.

 

Stranded?  Get it out and get the repairs done.

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Hi All

PLS view the video and give me your opinions. We both have same insurances company, my car is white, driving on the main road.

This is claim dept.'s reason:

"as I explained the 20% comparative negligence is being placed for improper lookout. The traffic was light and the other vehicle crossed over 2 ½ lanes of traffic.  There were no obstructions, so he should have been able to see the other vehicle pull out from the bank and take evasive action sooner to avoid the accident."

"you should have had plenty of time to see this driver come from the side street and slam on your brakes. It looks like you applied your break about a second prior to the impact. We still may have 20% negligence on you as there wasn't a lot of traffic on the road, you should have been able to see this car enter the roadway and stop your vehicle before the impact "

 

My agent's reply to claim dept:

"I have reviewed video of the accident, in my opinion, the other party was 100% at fault. It was impossible for him to avoid the accident if other party drove car that way who hit directly, no matter who was driver of his car."

 

Video_1.MOV

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Here is my opinion,

"In the video, you will see he is coming to my lane and hit me(seems like he cannot go through to other side, because of oncoming cars) I tried to brake and not passing yet the intersection. He is just bluntly hitting my car."

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After watching the video there isn't a shred of doubt in my mind that the other driver is 100% at fault for pulling out like that.

 

I think if you sue the other driver in small claims court you have an excellent chance of winning 100%.

 

It would be nice if there was a video of an earlier minute or two because it doesn't look like he even stopped at the stop sign.

 

I think your insurance company just wants to get a surcharge from both of you.

 

 

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The video does not allow me to conclude that the 80/20 decision is unreasonable.  It's obviously not a good quality video, and I can't discern if or when you started braking.  In your original post, you wrote that the video "is showing that [your] car was trying to slow down . . . [and] almost stops."  While it may be true that you braked and almost stopped before impact, I can't see that at all in the video.  I also obviously cannot tell how fast you were going, and it doesn't look like you've mentioned that in this thread (nor have you mentioned what the speed limit is).  Those things being said, it's patently obvious that the other driver was primarily at fault (as the 80/20 decision acknowledges).  However, if you were to ask me, based on the video and nothing else, "could the driver of the white car have braked or swerved to avoid the accident," I would have to say yes or probably.

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9 minutes ago, pg1067 said:

 Those things being said, it's patently obvious that the other driver was primarily at fault (as the 80/20 decision acknowledges). 

So, If I go for small claims court for 100%, will I have chance to win? thanks

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14 minutes ago, adjusterjack said:

It would be nice if there was a video of an earlier minute or two because it doesn't look like he even stopped at the stop sign.

 

 

I have cut the video, yes his car was stopped at STOP sign. That car driver admits his fault, only the claim agent said that "traffic is clear and I had ample of time to stop my car fully, not just a second before impact" That's why the insurance company still put 20% to me.

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36 minutes ago, Jackyshwe said:

"traffic is clear and I had ample of time to stop my car fully, not just a second before impact"

 

I don't buy that either. At about the time you entered the picture it appears that the other driver was still moving past the crosswalk. I make it about 7 car lengths between the two of you or about 120 feet.

 

Looks like you and the rest of the traffic were going about 45mph (correct me if I'm wrong).

 

At that speed, using the braking distance chart, it would have taken you 196 feet to react, brake, and stop. You can do your own measurements but I think the physics is in your favor as well as the video.

 

You could have put the brake pedal to the floor and not avoided being hit by the other driver who appears to have been accelerating as he turned toward you.

 

The chart is at the following website:

 

http://nacto.org/docs/usdg/vehicle_stopping_distance_and_time_upenn.pdf

 

36 minutes ago, Jackyshwe said:

That's why the insurance company still put 20% to me.

 

I think the insurance company put the 20% on you to get a surcharge on both policies.

 

But the only way you will fix that is win in court.

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51 minutes ago, Jackyshwe said:

So, If I go for small claims court for 100%, will I have chance to win?

 

A chance?  Of course.  You've already had one person here tell you, based on the video, that he believes the other driver was 100% at fault.  While I don't necessarily agree, I certainly don't think it's an unreasonable conclusion.  While I don't know how small claims court in Illinois works, it it's simply a single judge deciding the case without a jury, you certainly have a chance that the judge will see it the same way as "adjusterjack" did.  Of course, there's also a chance that you'll end up with something worse than an 80/20 split, so the decision to sue is not without risk (remember that the other driver presumably will be present and testify differently than what you've told us).

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While I am optimistic based on my 35 years in the insurance industry I have to agree with PG1067 that there is a risk that it could "gang aft agley" (as the poet Robert Burns wrote), especially since Illinois small claims court allows attorneys so it's possible that the insurance company will provide an attorney for him (but not for you).

 

Still, I think the odds are better than any you'll find at the race track.

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